JUDICAL DEVELOPMENTS

July 2005

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Colorado Supreme Court Distinguishes Contractual Water Delivery Rights from True Water Rights
East Ridge of Fort Collins, LLC v. The Larimer and Weld Irrigation Company, ___P.3d___

In this case, the Colorado Supreme Court revisited the rights and obligations afforded to contractual water delivery rights as opposed to water rights owned in fee, under a rather unique factual background. East Ridge of Fort Collins, LLC (East Ridge) was a successor in interest to two contracts affording it certain delivery rights to water. East Ridge filed a declaratory judgement action in water court seeking a declaration that the water delivered under the contracts was not perpetually tied to irrigation of certain lands, but rather was a water right capable of being changed to different places and types of use.